Can My Employer Alter My Hours Of Work Following A Maternity Leave?

Employees, including trainees and apprentices, have the legal right to request changes to their hours of work, days of work, or place of work. If they have been employed by the same employer for at least 26 weeks (including maternity leave), they can request a change in their working hours. Additionally, they can create a backup plan in case of emergencies and create a breastfeeding plan.

If they have worked for their employer for at least six months, they have the right to make a flexible working request, which could be a change to the number of hours. However, if an employer can change their working hours upon their return to work after medical leave, it may depend on how the company determines working schedules and if the change is considered constructive dismissal.

At-will employees can quit at any time, including during or immediately after maternity leave. However, there are legal and practical matters to consider when an employee goes on maternity leave. When an employee goes on maternity leave, it is appropriate for the employer to talk to the employee about the level of contact they want to have.

All employees, not just those returning from maternity leave, have the right to request a change to their working hours, place, or other conditions related to their leave. If you need to change your hours, days, or place of work after maternity leave, you have the right to return to work on the end date you have chosen, as long as you have given your employer the required notice.

Under federal law, employers can change your job after maternity leave but it needs to be to a job with the same pay and benefits.

Can you change when you go on maternity leave?

In order to modify the commencement date of maternity leave, it is necessary to provide the employer with a minimum of 28 days’ advance notice, or alternatively, to agree upon a new date. In certain circumstances, an early commencement of leave may be warranted, such as in the event of pregnancy-related illness occurring four weeks prior to the expected date of delivery. The commencement of the aforementioned leave shall be on the subsequent day following the initial day of absence within the aforementioned four-week period.

How to adjust to work after maternity leave?

This article provides eight tips for returning to work after maternity leave:

1. Embrace flexibility: This can take many forms, such as flexible work hours, remote work options, or part-time employment. Discuss these options with your employer and explore if there are opportunities to make your transition back to work more manageable. In many cases, employers are willing to accommodate new mothers and provide flexible arrangements that work for both parties.

2. Plan ahead: This is a crucial step in balancing work and motherhood. Establish realistic expectations, prioritize yourself, shift from being the default parent, build a support system, and be present in the moment.

3. Maintain open communication: Maintain open communication with your employer and discuss any potential challenges or restrictions that may affect your ability to return to work.

4. Prioritize yourself: Shift from being the default parent and build a support system to help you navigate the path of returning to work while maintaining a healthy work-life balance.

Can you be disciplined for pregnancy related sickness?

Pregnancy-related sickness can result in maternity leave and pay starting four weeks before the due date. Doctors can identify if you are ill due to pregnancy, and you cannot be dismissed for sick time off. You are protected against discrimination during pregnancy and have other rights, such as time off for antenatal appointments. For more information on sickness during pregnancy and maternity leave, visit the Maternity Action website.

What happens if you leave after maternity leave?

In the event of one’s decision to terminate employment during or subsequent to maternity leave, the customary resignation process, inclusive of the requisite notice period, must be adhered to. It would be prudent to consider any handover arrangements and utilise your Keeping in Touch (KIT) days for this purpose. In the event that an employer offers enhanced maternity pay, the individual may be required to repay a portion or the entirety of the enhanced amount in the event that they fail to resume their position or depart shortly following the conclusion of their maternity leave.

Why is returning to work after maternity leave so hard?

Post-maternity leave, the transition to work can be challenging, as juggling office pressures with home life can be overwhelming. A 2020 study found that over a third of working mothers found returning to work harder than expected. The cost-of-living crisis also contributes to this, with 1 in 10 mothers returning to work earlier due to financial difficulties. This highlights the need for support and understanding during this challenging time.

How do I set boundaries at work after maternity leave?

It is essential to allocate sufficient time for both professional and personal responsibilities. A structured plan for the day and week is crucial for effective time management. This plan should be shared with the team and manager to ensure alignment and understanding of expectations. Additionally, seeking guidance from superiors on their expectations and limitations is highly recommended. Discussing these issues at the earliest opportunity will facilitate clarity and trust, thereby ensuring a productive work environment.

Can you go on the sick straight after maternity leave?

If you are going to return to work after 52 weeks of maternity leave, you do not need to give any notice of return. You can go back to work on the day you are due back and are entitled to your normal pay. You can take annual leave or sick leave if needed. If you want to return before the end of your maternity leave, you must give your employer at least 8 weeks’ notice of the date you will be returning. If you do not give this notice and just turn up at work before the end of your maternity leave, your employer can send you away for up to 8 weeks or until the end of your leave, whichever is earlier.

If your employer did not write back to you within 28 days of the date you gave notice to take your maternity leave stating the date that your 52 week maternity leave will end, they cannot insist on you giving 8 weeks’ notice to return to work early. You should still give as much notice as possible to help you and your employer plan your return to work.

If you decide not to return to work, you can get SMP and MA for 39 weeks even if you do not plan to go back to work or if your employment ends during the SMP/MA period, such as if you are made redundancy. You do not have to pay SMP or MA back if you decide not to return to work. If your employer has given you extra contractual maternity pay, you only have to repay it if that was agreed in advance or specifically stated in your maternity policy.

If you do not want to return to work and need to repay your occupational maternity pay, you can ask to repay any company maternity pay in reasonable instalments, taking account of your household income and outgoings. You may find it helpful to speak to a debt adviser who can help you negotiate with your employer and agree a reasonable repayment plan.

If you are unable to return to work after your maternity leave, you can take sick leave as usual. However, once you are well enough to return to work, you cannot stay off work after your maternity leave has ended, as you will lose your right to return to work if you do not go back at the end of your 52 weeks’ leave.

Ask your employer if you can take annual leave immediately after your maternity leave, which is entitled to at least 28 days paid annual leave. Your normal holiday entitlement continues to accrue during maternity leave, so you may have some holiday owing to you. Annual leave should be agreed with your employer in the normal way and you should not be treated less favorably because you have been away on annual leave.

If you returned to work early and have not used up all your maternity leave/pay but now wish to take some more leave, you could give notice to take shared parental leave. Shared parental leave can be taken by either parent but must be taken within the first year after your baby’s birth. You may be eligible for Universal Credit if you take a period of unpaid leave, depending on your household income, housing costs, and number of dependants.

You are also entitled to urgent unpaid leave to care for a dependant in an emergency. The leave can be used if a dependant falls ill, gives birth, is injured, or there is a sudden problem with arrangements for the dependant (e. g., if your childminder falls ill). You are only entitled to take the time off necessary to deal with the emergency and to make arrangements for the care of the dependant.

If you have been on maternity leave and sick leave for a long time, you may have accrued a large amount of leave. You can take annual leave during sick leave, so you could ask to receive some paid holiday during your sick leave. You are entitled to carry forward 20 days annual leave if you cannot take it because of sick leave.

You cannot take annual leave during maternity leave, but you can end your maternity leave early, giving at least 8 weeks’ notice to end your maternity leave early and agreeing your annual leave with your employer in the usual way. It is a good idea to talk to your employer early in your pregnancy to agree when you will be taking your annual leave so that you can both plan in advance.

The government advises that employers should allow up to 28 days of statutory leave for employees who cannot take all their annual leave in the leave year due to absence on maternity leave, shared parental leave, or other types of parental leave. If your employer offers more than the statutory minimum of 28 days annual leave, it is up to your employer how much of your contractual annual leave (over and above the statutory 28 days) you can carry forward.

If you are not well enough to return to work at the end of maternity leave, you are entitled to receive sick pay if you are not well enough to return to work. You should follow your employer’s normal sickness reporting procedures at the end of maternity leave. Statutory Sick Pay (SSP) is paid after four consecutive days of sickness absence to employees who have earnings of at least £123 per week (April 2024 – April 2025) in the previous 8 weeks.

You are not entitled to SSP for any period of sickness that began during the 39 week SMP period (or 18 weeks if you were not entitled to SMP). If your period of sickness begins after the end of the 39 or 18 week SMP period, you may qualify for SSP if your earnings were high enough. If you claim SSP after the end of your 39 week Statutory Maternity Pay period, SMP counts as earnings. Maternity Allowance does not count as earnings.

If you do not qualify for SSP, your employer should give you form SSP1. If you do not qualify for SSP, you should get advice from your local Jobcentre Plus or Citizens’ Advice Bureau.

Once your maternity leave has ended, you are treated as if you are “back at work”, even if you are not well enough to actually go into work. You are entitled to take sick leave and should be treated in the same way as any other employee who is off sick.

You are protected against pregnancy/maternity discrimination throughout pregnancy until the end of your maternity leave period (up to 52 weeks or until you return to work, if earlier). For pregnancy/maternity discrimination, you need to show that you were treated unfavorably because of your pregnancy, pregnancy-related illness, or absence on maternity leave. You can also claim pregnancy/maternity discrimination where a decision was taken during your protected period even where it was implemented after the end of your maternity leave.

What happens if you don’t go back to work after maternity leave?

Employers cannot force women to return to work after maternity leave, but they may have to pay back some or all of their maternity pay. Many women face a dilemma between enjoying their work, advancing their careers, or simply needing money, and spending time with their newborn child. Many parents also want to return to work but find their income isn’t enough to cover full-time childcare expenses. New parents are usually not required to return to work after the baby is born. The decision to quit your job after maternity or paternity leave involves financial and legal considerations.

What happens if you move during maternity leave?

The program permits participants to receive maternity benefits and relocate to a different province without concern. It is possible for participants to change their province while on maternity leave and still receive remuneration. The program offers specialization in a number of legal disciplines, including Canada Business Law, Canada Criminal Law, Canada Family Law, Canada Law, Canadian Tax, Gifted Children, and Special Education Law.

How do I tell my boss not to come back after maternity leave?

A letter of resignation after parental leave is a formal notification of an employee’s decision not to return to their job. It is a professional document that employees submit to their employer when they decide they don’t wish to return to their job following parental leave. The letter should include a greeting, explanation of the reasons for resigning, details of the final date of employment, and a brief explanation of the reasons for the resignation.

It is crucial to understand how to write a not returning to work after maternity leave letter to ensure a positive transition for the employee. There are various reasons why a new parent may choose not to return to work, such as the potential for time away from work to encourage reevaluation of their professional lives. Understanding how to write a not returning to work after maternity leave letter is essential for ensuring a positive transition for the employee.

Is it normal to cry when going back to work after maternity leave?

As you return to work after maternity leave, you may experience a range of emotions, including sadness, anxiety, guilt, relief, and financial pressures. However, securing care for your child may complicate matters, and settling into a new routine can take time. You may need to establish new feeding routines, such as expressing milk and getting your infant used to a bottle, or choose to cease breastfeeding during the day.

Additionally, you may need to review your previous work wardrobe, as you likely last wore some of these clothes up to two years ago. These questions and thoughts may be difficult to handle, so speaking to your doctor is an important first step.